Main Menu

Death in custody case with Chief Magistrate

THE Director of Public Prosecution has confirmed that the case in regards to the death of a young man in police custody last year was already referred to the Chief Magistrate.

“I have referred the matter to the Chief Magistrate. He will form his own opinion.

“After doing so, the Chief Magistrate will decide when to conduct an Inquiry,” Mr Talasasa said.

He also said the Chief Magistrate will make his own assessment on whether the case warrants a Death Inquiry.

Mr Talasasa also recently explained the process of the inquiry and purpose of the Death Inquiry which is to ascertain the cause of death.

He made the explanation following concerns by frustrated relatives of the deceased over the delay in the hearing.

He said the Death Inquiry is usually conducted at the initiative of the Magistrate at instances where the cause of death is unknown, sometimes but not often in suspicious circumstances.

“There are usually no parties in the inquiry. There is no prosecution and no defendant”, Mr Talasasa said.

Mr Talasasa explained that ruling at the end of the inquiry will usually be to state what the cause of death is, but not who in particular is responsible.

“If the findings at the end of the inquiry points to a particular cause, then that may be further investigated and if there is sufficient evidence that one or two, or a group of people is responsible, then charges may be laid and a trial or hearing into the allegation will proceed.

“It is a process and it takes time”, Mr Talasasa highlighted.

He said that no document in file will be given to any person outside of the proceedings and there has been no inordinate delay in the investigation of the matter.

On the face of the documents collected so far and compiled in file, the RSIPF has investigated this matter, thoroughly, and we are now ready to call on the Magistrate to invoke his powers under the Fire and Death Inquiry Act to carry out an inquest into the death of David Saemala, whilst being held in police custody, Mr Talasasa said.

Mr Talasasa also thanked the former Police Commissioner and the RSIPF Investigation Team for their diligence in carrying out the investigations into the death of the deceased.

Also he thanked the Mother and family of the deceased for
holding together and allowing the legal process to handle the case.

The matter is now being taken over by the Crown and will be put through the judicial process.

“If this matter cannot be disposed of or concluded in the time the
family expects, please note my assurance that the Inquest will be done properly and conclude according to law, he added.



(Next News) »